Immunity from national jurisdiction and diplomatic protection - The immunities of state representatives

4 important questions on Immunity from national jurisdiction and diplomatic protection - The immunities of state representatives

What is the difference and origin of/between personal immunity and functional immunity?

Personal immunity flows from the position a representative holds in a state which applies to both official and private acts before and while the representative was at work. Functional immunity relates to the functions the representative performs to official acts while in service

Who always holds personal immunity from jurisdiction according to the ICJ in the Arrest Warrant case?

Head of state, head of government and ministers of foreign affairs

When can a minister of foreign affairs be prosecuted? (arrest warrant case)

- If they are prosecuted by their own state
- If the home state agrees with prosecuting them
- If they are prosecuted before criminal courts
- After their term expires for acts committed either prior or subsequent to the period of office or for private acts committed during the period in office
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When is an act an official act?

When it is performed by an individual with official authority and acts that fall outside the official functions of a state representative (ultra vires) are also acts if performed in a public capacity.

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